THE FIFTY-SECOND DAY

                               

Carson City (Wednesday), March 26, 2003

    Senate called to order at 11:17 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Bishop Phillip F. Straling.

    God and Father of all, bless the work that we, again, take up this morning, work entrusted to us by the people of Nevada considering the serious and weighty issues. We seek Your divine gift of wisdom. Guide us in making the wisest and best decisions in behalf of the people of this State.

    Help us to be always mindful of the poorest and most needy among us in addition to our concerns here in Nevada. We also pray for our Nation in this time of war. Guide our Nation in keeping our eyes set on peace and an end of armed conflict and threats of terrorism. Protect our men and women in the armed forces, especially those from Nevada. We pray for Lieutenant Frederick Pokorney Jr. of Tonopah who was killed in combat and for his family.

Amen.

    Pledge of allegiance to the Flag.

    Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.

    Motion carried.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 324, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond D. Rawson, Chairman

Madam President:

    Your Committee on Judiciary, to which was referred Senate Bill No. 224, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark E. Amodei, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 25, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 3, 4, 5, 24.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    By Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Gibbons, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:

    Senate Concurrent Resolution No. 25—Memorializing aviation pioneer and philanthropist Moya Lear.

    Whereas, The members of the Nevada State Legislature and the people of Nevada mourn the loss of one of its most endeared residents, Moya Olsen Lear, who passed away on December 5, 2001; and

    Whereas, Moya Maria Olsen was born in Chicago, Illinois, on March 27, 1915, to Lillian, from whom she inherited her practicality, strength and ingenuity, and John “Ole” Olsen, part of the Vaudeville comedy team Olsen and Johnson and a comic genius, from whom she inherited the wit and charm for which she was so well known; and

    Whereas, After attending Ohio State University and the Pace Institute in New York City, Moya Olsen worked for her father who was appearing in “Hellzapoppin,” one of the longest running Broadway reviews, and soon met Bill Lear, who was to become world famous as an inventor and aircraft designer; and

    Whereas, After marrying in 1942, Moya and Bill Lear lived a whirlwind life together, traveling worldwide and meeting heads of state, movie stars, and kings and queens, while Bill continued his work, which included the design of the famous Lear Jet aircraft, with Moya supporting him through good times and bad; and

    Whereas, The Lears moved to Nevada in 1967 when Bill Lear sold Learjet Industries and bought land and buildings adjacent to the deserted Stead Air Force Base to start a new company; and

    Whereas, Moya Lear became a patron of the arts, serving on the board of directors of many organizations, including the Nevada Opera Association, the Nevada Festival Ballet and the Sierra Arts Foundation, and providing a substantial donation that enabled the remarkable transformation of Reno’s Christian Science Church into an extraordinary community theater, named the Lear Theater in her honor; and

    Whereas, A great supporter of education, Moya Lear established the Bill and Moya Lear Foundation Scholarship Fund and used her Amelia Earhart Pioneering Achievement Award to fund scholarships for women majoring in aeronautical science at Embry-Riddle Aeronautical University, where she also established the Moya and Bill Lear Endowed Scholarship; and

    Whereas, For her never-ending generosity with her money, her time and her passionate spirit, Moya Lear has been awarded many honors, including six honorary doctorates, and was inducted into the halls of fame of such organizations as the Women in Aviation Pioneers, the United States Achievement Academy, Nevada Business Leaders and the Nevada Women’s Fund; and

    Whereas, In 1999 Moya Lear was nominated for the Ageless Heroes Program which honors persons over 65 years of age who serve as role models in six categories: vigor and vitality, community involvement, love of learning, creative expressions, winning against the odds and bridging of generations, all qualities she possessed, making her a role model and true inspiration for people of all ages and genders; and

    Whereas, After 36 years of marriage, Moya Lear lost her beloved Bill, who asked her, as his last wish, to finish his dream of building the Lear Fan, a new airplane considered daring and innovative; and

    Whereas, Although Moya Lear did not consider herself a businesswoman, she assumed leadership of LearAvia and, surrounding herself with dedicated employees, guided the initial production and flight testing of the Lear Fan prototypes, fulfilling Bill’s dream; and

    Whereas, Moya Lear was a devoted mother and considered her children, grandchildren and great-grandchildren as one of her proudest accomplishments; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That Moya Lear has enriched the lives of all who knew her and, with her legacy of generosity through education, culture and the arts and her dedication to humanity, has left all the people of Nevada better for having had her in our lives; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to John, Shanda, David and Tina, the children of Moya Lear.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senators Raggio and Townsend.

    Senator Raggio requested that the following remarks be entered in the Journal.

    Senator Raggio:

    Madam President, we do many resolutions throughout our legislative process. This is one of particular note. Moya Lear was one of the most remarkable women I have ever met. The entire family is a dynamic family. This resolution consisting of a few short pages does not begin to tell the life story of Moya Lear. We were fortunate that Bill and Moya Lear, for whatever reasons, decided to move to Nevada, and we are particularly happy they decided to move to northern Nevada. The love of the entire State was in the hearts and minds of both Bill and Moya.

    I had the pleasure of knowing both of them and knowing them was an education. Bill was always thinking. He had hundreds of inventions, one of which was the 8-track tape deck. One time, my late wife and I flew with Bill and Moya to a function in San Diego. We flew on a Lear jet, also one of his inventions. The trip we were taking was to attend an affair with the President of the United States and the President of Mexico. To my astonishment, Bill was one of the co-pilots. The exciting part of the trip was on take-off when Bill had to abort because someone else was coming from the other direction. Bill thought he had the right-of-way, but he did not. The rest of the trip, however, was enjoyable, and I learned a great deal from both Bill and Moya.

    Moya was more than just a member of our community. She was an institution. After Bill died, Moya took on every project he had put forth and many of her own. She told me she was shocked when Bill moved her from southern California to northern Nevada. Reno was a cultural shock. To her, the area appeared to have nothing going for it, but Bill was determined. When Bill Lear was determined, that was the way it was. She later told me, their move here was the best decision they ever made. She said she spent the happiest years of her life here.

    Moya and Bill left a great heritage for our community and for our State. Her generosity and her philanthropy have been of great benefit not only in aviation but also in community effort and education. The resolution makes references to what is now called the Lear Theater. The theater is housed in what was formerly the Christian Science Church. It is a beautiful setting along the banks of the Truckee River in Reno. It was built through her efforts and generosity. She contributed over one million dollars to its renovation. As the theater flourishes in its final stages of development, it is the envy of many communities. In a month, the new Sierra Arts Museum will be opening. It is a state of the art facility. Moya was active in its development as well.

    Moya was involved in many things as stated in this resolution. She was a remarkable woman, and in 1999, she received recognition by being nominated for the Ageless Heroes Program that honors persons over the age of 65. She was ageless. There was no question about that. The six categories embodied in that nomination are vigor, vitality, community involvement, level of learning, creative expression and winning against the odds. The last category fitted her, too, because she and Bill had many setbacks. Living with Bill was not always a bed of roses, and I am quoting her. She got the highest marks in all of these categories. We benefited so much by her being here. She died in December 2001, but this lady will never die. She will be remembered in Nevada and in our community forever. She was very proud of her family, and we have some of them here, today. It is most fitting to take a few moments to note the passing of a remarkable lady. Everyone in Reno admired her. Her memorial service was held at Lawlor Events Center and was filled. People stood outside to pay their respects. We are proud to have had her with us for so many years. She was a revered woman.


    Senator Townsend:

    Thank you, Madam President. Of all the many stories we could tell about Moya Lear, I think two are especially of note today. I first met Mrs. Lear traveling on a commercial flight to San Francisco from Reno. As I sat in my seat, I watched a woman of dignity board the plane. She sat across the aisle from me. She was dressed unlike anyone I had seen dressed in Reno. She folded her fur coat and placed it in the overhead compartment, and when she sat down and placed her hand on the armrest, I noticed the largest single diamond ring I had ever seen in my life. I could not hold back during that 30-minute flight, and I, finally, leaned over and said, “Excuse me, ma'am, I would like to comment on how beautiful your ring is.” She introduced herself, but, of course, I knew who she was, and we had a wonderful conversation. That conversation led to knowing her for over 30 years. It reminded me so much of the generation we have lost. She was a person of dignity, character and grace. We will not see such as Moya again, and I do hope that many of the young people who have had a chance to see the things occurring today, including the many things she has left us, will remember and understand.

    The last story happened not too many years ago. We were members of the same gym. She came in every morning with her personal trainer. I used to tease her about it. I said, “Mrs. Lear, someone of your grace, elegance and experience who associates with someone substantially younger might raise and eyebrow or two.” She looked at me with this wonderful glint in her eye and said, “He can’t stay up with me.”

    We should all remember, today, a remarkable person who Senator Raggio says will be with us forever and remember the many things she left us. Her grace and dignity and how one holds oneself in a community are her greatest legacies. We are honored that all of you, her family and friends, are here, today.

    Resolution adopted.

    Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 25 be immediately transmitted to the Assembly.

    Motion carried unanimously.

    Resolution ordered transmitted to the Assembly.

remarks from the floor

    Senator Raggio requested that the following message from Shanda Lear-Baylor be entered in the Journal.

March 25, 2003

    This moment of recognition, by the two bodies of elected representatives of the people of Nevada, for my darling mother would have pleased her very much. She loved you all so much and loved living in Nevada. Your ability to be “up close and personal” with all your constituents delighted her. There is a gazebo at Rancho San Rafael in Reno that she built for friends and family to go and contemplate the goodness that is everywhere out there and in our hearts. You can see it from Sierra Street and North McCarran Blvd. I’m sure she would love you to come and visit her there. Although, you can always visit her in your thoughts, of course.

    Dead ends were not for her. She believed you bring into your experience what ever you dwell on in your thoughts. She chose to “click” on to a picture where she was seeing herself as being and doing good and seeing others as being and doing good. That was her focus; she made it happen. That is what makes me grin in amazement every time I think of her. I know she is applauding you for deciding to take action by going for political office and not just criticizing those that do. Thank you for being there for her today. You are loved.

Shanda Lear-Baylor

GENERAL FILE AND THIRD READING

    Senate Bill No. 173.

    Bill read third time.


    Roll call on Senate Bill No. 173:

    Yeas—21.

    Nays—None.

    Senate Bill No. 173 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 198.

    Bill read third time.

    Remarks by Senators Neal and Raggio.

    Roll call on Senate Bill No. 198:

    Yeas—21.

    Nays—None.

    Senate Bill No. 198 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 200.

    Bill read third time.

    Remarks by Senators Neal, O'Connell and Raggio.

    Roll call on Senate Bill No. 200:

    Yeas—21.

    Nays—None.

    Senate Bill No. 200 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 233.

    Bill read third time.

    Roll call on Senate Bill No. 233:

    Yeas—20.

    Nays—Neal.

    Senate Bill No. 233 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 137.

    Bill read third time.

    Roll call on Assembly Bill No. 137:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 137 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.


MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 26, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 11.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 11—Recognizing the efforts of the Nevada Music Educators Association.

    Whereas, Music education stimulates the school setting and enhances the morale of pupils as well as the quality of the school environment; and

    Whereas, Since there is a direct correlation between music instruction and aptitude in math and science, and because pupils develop a better understanding of history and culture through the study of music, music education stimulates not only the environment of a school but also the academic curriculum; and

    Whereas, The positive effects of music education that emanate from the school environment expand to society in general because pupils learn skills in communication and interaction with others and because pupils who participate in school music programs are less likely to be involved with drugs, alcohol, or delinquent or criminal behavior; and

    Whereas, Music education develops personal confidence as pupils acquire performance skills and participate in musical productions; and

    Whereas, The study of music contributes to the overall development of young people by teaching them skills such as abstract reasoning, listening, reading, self-expression, creativity, teamwork and self-discipline; and

    Whereas, Music education is a powerful force in broadening the horizons of young people and teaching them the skills necessary to succeed in the 21st Century; and

    Whereas, The Nevada Music Educators Association is an association composed of dedicated persons who have chosen a profession in the field of music education; and

    Whereas, The mission of the Nevada Music Educators Association, which serves all music educators in Nevada, is “to promote music education, to ensure its inclusion in all students’ core curriculum, and to guarantee quality musical experiences for all learners”; and

    Whereas, All officers and all members who serve on committees of the Nevada Music Educators Association are volunteers who are dedicated to carrying out the mission of the Association; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature believe it is vital that every pupil have access to music education programs; and be it further

    Resolved, That it is important to recognize the benefits of music education for pupils and for our society in general; and be it further

    Resolved, That the members of the 72nd Session of the Nevada Legislature recognize and commend the efforts of the Nevada Music Educators Association in ensuring a music education for all young people; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to David Branson, past President for the Western Division of MENC, the National Association for Music Education.

    Senator Titus moved the adoption of the resolution.

    Remarks by Senator Titus.

    Senator Titus requested that her remarks be entered in the Journal.

    It is necessary to recognize the many wonders and benefits music provides for all, especially children. Promoting music and its appreciation has been proven to stimulate learning and increase motivations to succeed. In a time when more and more children are being lost to deviant behaviors and activities, it is crucial that music education and appreciation remain a top priority in our schools. Famous musician Louis Armstrong once said, “As long as there is music to stimulate the minds and creativity of children, good things will develop.”

    In the past few decades, study after study has demonstrated that music affects the mind in a very positive and desirable way. A notable and renowned German study discovered that learning how to play an instrument influences children’s cognitive, creative, aesthetical, musical, social and psychomotor abilities. The study also noted that extended and on-going music education also interacts with motivational and emotional aspects of children’s lives in a meaningful way.

    The study further documented that children exposed to musical training scored 27 percent higher on math exams than other children. The findings are significant because a grasp of proportional math and fractions is a prerequisite to math at higher levels, and children who do not master these areas of math cannot understand more advanced math critical to high-tech fields.

    One of our own congressional delegates, Senator Harry Reid, clearly captured the relevance music plays in learning when he commented, “Music helps all types of people to remain productive, motivated and mentally active; simply put, music can heal people.” Yet another timeless musician, Mickey Hart, mentioned this of music before a Congressional committee studying the effects of music on learning, “The rhythm in music is there in the cycles of the seasons, in the migrations of the birds and animals, in the fruiting and withering of plants; music simply moves everything to reach its full potential.”

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Bills Nos. 57, 77; Assembly Bills Nos. 27, 46, 129; Assembly Concurrent Resolution No. 9.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Susan Mayes Smith and Rick Lewis.

    On request of Senator Hardy, the privilege of the floor of the Senate Chamber for this day was extended to Bob Ferraro, Brian Nix, Andrea Anderson, Doug Scheppmann, John Sullara and Vicki Mayes.

    On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Karna Thorson and the following students and teachers from the Bernice Mathew’s Elementary School: Maria Alvarado, Jose Barraza Villalvazo, Jonathan Basurto, Janice Batres, Angel Raul Chavez, Jonathan Figueroa, Ana Garcia, Luz Garcia, Edith Garcia-Martinez, Maricela Gutierrez, Jennifer Lopez Rios, Daisy Marquez, Rico Martinez, Francisco Miguel, Carmen Mora, William Orlick, Sisilia Pahulu, Alejandro Perez, Cassandra Pike, Tenika Reed, Marianna Robles, Alexander Shropshire, Robert Manuel Soberano, Tiana Terrell, Michael Thomas, Quan Vong, Adanary Aguirre, Xzavier Barr, Vivian Bolanos, Nicholas Brown, Zachary Cox, Moises Farias, Sarahi Felix, Ericka Garcia-Martinez, Victor Gomez, Brizheida Gonzalez-Mendoza, Miguel Haro, Stacey Jimenez, Veronica Jimenez, Cassaundra Kennedy, Hope Kirker, Brooke Kitchen-Ingram, Marvin Martinez, Juan Ojeda, Maria Paniagua, Santosh Somu Raja, Diana Ramos, Joanna Ramos, Sha'Dana Reed, Jose Rodriguez, Jose Luis Rodriguez, Fabian Salazar, Dameon Varnum, Shawnie Marshall, Claude-Eunix Alberto, Ana Avila, Eric Batres, Brenda Cartagena, Celeste Corona-Zendy, Rebekkah Deguzman, Jose Escobedo-Chavez, Denise Garcia Aranda, Ivan Garcia-Martinez, Gilberto Gomez, Whitney Hibbard, Edgar Jara, Myria McCabe, Keisha Mendez, Ahbran Miguel-Gomez, David Plascencia, Krishnan Raja-Rama, Tre'Vonn Robinson, Alex Rodriguez, Jose Rodriguez, Taylor Skipwith, Erik Manuel Soberano, Ivan Stevenson, Jennifer Ticas, Shawna Trammell, Christopher Valdez, Maria Vallejo, Gloria Vargas, Annissa Vonner, Elizabeth Santa-Cruz, Daniel Torgerson; teachers: Mary Nemiz, Kristen Beck and Becky Gauthier.

    On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Gail Conkey.

    On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to David Lear, Sandy Holloman, Celeste Lear and Signa Pendegraft.

    On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Lynn Tackman.

    On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Doug Moser.

    On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Carolyn Ferraro and Greg Ferraro.

    On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Bruce Ford.

    On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Moya Tsatsos.

    Senator Raggio moved that the Senate adjourn until Thursday, March 27, 2003, at 11 a.m.

    Motion carried.

    Senate adjourned at 12:03 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate